Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Place H.J.R. No. 114
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the abolition of
1-2 the State Board of Education.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article VII, Section 3, of the Texas Constitution
1-5 is amended to read as follows:
1-6 Sec. 3. One-fourth of the revenue derived from the State
1-7 occupation taxes and poll tax of one dollar on every inhabitant of
1-8 the State, between the ages of twenty-one and sixty years, shall be
1-9 set apart annually for the benefit of the public free schools; and
1-10 in addition thereto, there shall be levied and collected an annual
1-11 ad valorem State tax of such an amount not to exceed thirty-five
1-12 cents on the one hundred ($100.00) dollars valuation, as with the
1-13 available school fund arising from all other sources, will be
1-14 sufficient to maintain and support the public schools of this State
1-15 for a period of not less than six months in each year, and the
1-16 legislature shall provide for [it shall be the duty of the State
1-17 Board of Education to set aside] a sufficient amount out of the
1-18 said tax to be set aside to provide free text books for the use of
1-19 children attending the public schools of this state; provided,
1-20 however, that should the limit of taxation herein named be
1-21 insufficient the deficit may be met by appropriation from the
1-22 general revenue funds of the State and the Legislature may also
1-23 provide for the formation of school district by general laws; and
1-24 all such school districts may embrace parts of two or more
2-1 counties, and the Legislature shall be authorized to pass laws for
2-2 the management and control of the public school or schools of such
2-3 districts, whether such districts are composed of territory wholly
2-4 within a county or in parts of two or more counties, and the
2-5 Legislature may authorize an additional ad valorem tax to be levied
2-6 and collected within all school districts heretofore formed or
2-7 hereafter formed, for the further maintenance of public free
2-8 schools, and for the erection and equipment of school buildings
2-9 therein; provided that a majority of the qualified property
2-10 taxpaying voters of the district voting at an election to be held
2-11 for that purpose, shall vote such tax not to exceed in any one year
2-12 one ($1.00) dollar on the one hundred dollars valuation of the
2-13 property subject to taxation in such district, but the limitation
2-14 upon the amount of school district tax herein authorized shall not
2-15 apply to incorporated cities or towns constituting separate and
2-16 independent school districts, nor to independent or common school
2-17 districts created by general or special law.
2-18 SECTION 2. Article VII, Section 5(d), of the Texas
2-19 Constitution is amended to read as follows:
2-20 (d) Notwithstanding any other provision of this
2-21 constitution, in managing the assets of the permanent school fund,
2-22 the state officer or board designated by statute to manage the fund
2-23 [State Board of Education] may acquire, exchange, sell, supervise,
2-24 manage, or retain, through procedures and subject to restrictions
2-25 it establishes and in amounts the officer or board [it] considers
2-26 appropriate, any kind of investment, including investments in the
2-27 Texas growth fund created by Article XVI, Section 70, of this
2-28 constitution, that persons of ordinary prudence, discretion, and
2-29 intelligence, exercising the judgment and care under the
2-30 circumstances then prevailing, acquire or retain for their own
3-1 account in the management of their affairs, not in regard to
3-2 speculation but in regard to the permanent disposition of their
3-3 funds, considering the probable income as well as the probable
3-4 safety of their capital.
3-5 SECTION 3. Article XVI, Section 70(c), of the Texas
3-6 Constitution is amended to read as follows:
3-7 (c) The fund is managed by a board of trustees consisting of
3-8 four public members appointed by the governor ; the state officer
3-9 designated by statute to manage the permanent school fund or, if a
3-10 board is designated, one member from and elected by that board; and
3-11 one member from and elected by membership of each of the following:
3-12 (1) the Board of Regents of the University of Texas
3-13 System;
3-14 (2) the Board of Regents of the Texas A&M University
3-15 System;
3-16 (3) the Board of Trustees of the Teacher Retirement
3-17 System of Texas; and
3-18 (4) the Board of Trustees of the Employees Retirement
3-19 System of Texas[; and]
3-20 [(5) the State Board of Education].
3-21 SECTION 4. Article VII, Section 8, of the Texas Constitution
3-22 is repealed.
3-23 SECTION 5. This proposed constitutional amendment shall be
3-24 submitted to the voters at an election to be held November 4, 1997.
3-25 The ballot shall be printed to provide for voting for or against
3-26 the proposition: "The constitutional amendment abolishing the
3-27 State Board of Education."